DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Resources (NSW) Pty Ltd T/A Boral
(AG2017/3220)

BORAL SEAHAM AND STOCKTON ENTERPRISE AGREEMENT 2017

Quarrying industry
COMMISSIONER LEE	MELBOURNE, 25 AUGUST 2017

Application for approval of the Boral Seaham and Stockton Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Seaham and Stockton Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Resources (NSW) Pty Ltd T/A Boral. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Boral Resources (NSW) Pty Ltd, trading as Boral, an application was made to the Fair Work Commission for approval of the Boral Seaham and Stockton Enterprise Agreement 2017. The application was brought by the employer, who sought to have the agreement approved as a registered enterprise agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers at the Boral Seaham and Stockton sites, with the primary focus being on the agreement's compliance with the legislative requirements for registration.

The court was required to determine whether the agreement met the statutory criteria for approval, including the necessity that the agreement facilitated the efficient operation of the business and the requirement that it did not adversely affect employees' job security. Another significant issue was whether the agreement had been made in good faith and whether the necessary procedural requirements had been adhered to, such as ensuring genuine consultation and providing the requisite information to the employees. The court also had to consider the balance between the employer's rights to manage its business and the employees' rights to fair terms of employment.

After a thorough review of the evidence and submissions from both parties, the Fair Work Commission found that the agreement complied with all the necessary statutory provisions. The court concluded that the agreement was made in good faith, facilitated the efficient operation of the business, and did not negatively impact the job security of the employees. The procedural requirements were also satisfied, with evidence of genuine consultation and adequate information provided to employees. Consequently, the court approved the Boral Seaham and Stockton Enterprise Agreement 2017, allowing it to be registered as a binding enterprise agreement under the Fair Work Act 2009.

Boral Resources (NSW) Pty Ltd T/A Boral

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established